GEICO GENERAL INS. CO. v. AUSTIN POWER INC.

No. 14-11-00049-CV.

357 S.W.3d 821 (2012)

GEICO GENERAL INSURANCE COMPANY f/k/a Houston Fire & Casualty Insurance Company, Appellant, v. AUSTIN POWER INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

January 5, 2012.


Attorney(s) appearing for the Case

Samantha Kay Boutte Trahan , Houston, David H. Timmins , Dallas, for appellant.

Joshua Caine Anderson , James D. Ebanks , Houston, for appellee.

Panel consists of Chief Justice HEDGES, Justice CHRISTOPHER and Judge KERRIGAN.


OPINION

TRACY CHRISTOPHER, Justice.

Appellant GEICO General Insurance Company challenges the trial court's summary judgment in favor of Austin Power on a breach of contract claim relating to an insurer's duty to defend. Because we find that the pleadings in the underlying lawsuit allege claims that potentially fall within coverage under the insurance policy, we affirm the judgment of the trial court.

I. FACTUAL AND PROCEDURAL BACKGROUND

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